trade secret litigation

Misappropriation of Trade Secrets and Pre-Suit Investigations

The federal courts have heightened the specificity with which plaintiffs must plead their cases, notably when it involves trade secret litigation.  A recent misappropriation of trade secrets decision serves as a warning that pre-filing investigations of departing employees’ actions are vitally important.

In U.S. Bank v. Parker, a former employee from the Bank’s wealth management group resigned and joined a competing group. The employee signed a Confidentiality and Non-Solicitation Agreement while at the Bank.  The agreement barred her for one year from contacting the Bank’s clients to solicit business. She was also obligated to immediately return all confidential information concerning the Bank’s clients and business when she resigned.

The Bank filed suit for breach of contract, tortious interference with business, and misappropriation of trade secrets. It alleged “on information and belief” Parker violated her agreement by contacting clients. The bank also claimed Parker failed to return the Bank’s confidential information.

The Bank immediately faced problems. Because its complaint failed to allege specific instances of Parker contacting clients or identify the confidential information she misappropriated, the court granted Parker’s Motion to Dismiss the case. The court held merely “believing” Parker may have violated the agreement was too speculative.

Comprehensive trade secret programs, substantive exit interviews, and pre-suit investigations are vitally important to trade secret protection and protecting other confidential business information. Furthermore, with the heightened pleading standards, employers must develop facts supporting misappropriation, and not rely on speculation.

For more information regarding trade secret litigation and protecting your business and its confidential information, contact a trade secret lawyer or business lawyer at Rogge Dunn Group.

MEDIA

A USERRA Decision Impacting Texas Employers and Service Members
READ MORE
Rogge Dunn Featured in NY Times Article Weighing In on the Brendan Sorsby NCAA Case
READ MORE
Collin Quigley Becomes Licensed FINRA Arbitrator
READ MORE
Rogge Dunn Group Attends The Covenant School’s Annual Auction
READ MORE
Attending the Eric Dickerson Hope Through Housing Charity Golf Tournament
READ MORE
Rogge Dunn Group Hosts Campaign Reception for Sindhu Mareen Alexander
READ MORE
The Business of College Sports, Portal Transfers, and NIL Money
READ MORE
Gregory Clift and Rogge Dunn Group Sponsored the Aging Mind Foundation Gala
READ MORE
Rogge Dunn Recognized by Lawdragon in 2026 National Guides
READ MORE
Proposed FINRA Rule on Outside Business Activities
READ MORE
Rogge Dunn Featured by Lawdragon for Impactful Advocacy Across Texas and Beyond
READ MORE
New Important Legal Decision Regarding Arbitration Agreements
READ MORE
Rogge Dunn Group Hosts Charity Fundraising Dinner Supporting Eric Dickerson Learning Center
READ MORE
Rogge Dunn Group Attorneys Win Significant Gender Discrimination and Equal Pay Ruling Against Global Advertising Giant
READ MORE
How Texas Employers Should Respond to Medical Marijuana Law Changes
READ MORE
Dallas CEO ordered to pay $5.7 million in workplace sexual harassment case
READ MORE

Contact Us Today!

Contact us to learn how we can help answer your legal questions.

FILL OUT FORM